Minnesota probate code · checked October 2026
For money and belongings, Minnesota's affidavit limit is $75,000 — applied to the estate after the assets that pass automatically are taken out. The Minnesota affidavit (form PRO202) requires that there be no real property in the probate estate — real property requires probate court to transfer it. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
The affidavit limit today: $75,000, judged by the law in force on the date of death.
The paper: PRO202 - Affidavit for Collection of Personal Property (Minnesota Judicial Branch).
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No different affidavit cap for a surviving spouse as sole heir.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $75,000 | Presented to whoever holds the property; no court case. Form: PRO202 - Affidavit for Collection of Personal Property (Minnesota Judicial Branch). |
| Summary Proceedings (Minn. Stat. 524.3-1203) | — | Summary Proceedings (§ 524.3-1203) have no fixed dollar cap: they turn on the estate being exhausted by the homestead, exempt property, allowances and priority expenses. |
Vehicles are personal property collectible by affidavit if the probate estate qualifies; no separate vehicle exclusion from the $75,000 cap was found in 524.3-1201.
Claiming successor must state entitlement and, in the Judicial Branch form, agrees to disburse proceeds to any person with a superior claim under Minn. Stat. 524.2-403 or 524.3-805 (priority of claims); no Illinois-style personal indemnity clause in 524.3-1201 itself.
Rules checked October 2026 · Sources: Minn. Stat. 524.3-1201(a); Minn. Stat. 524.3-1202; Minn. Stat. 524.3-1203; Minn. Stat. 507.071 (Transfer on Death Deed). This page reads the published law; it is not legal advice, and the court is the final word.